2018 Maryland Code
State Government
Title 2 - General Assembly
Subtitle 16 - Investigations
§ 2-1608. Subpoenas
(a) Authority. --
(1) By a majority vote of all of the members of an investigating committee, the investigating committee may issue a subpoena that requires the appearance of a person, the production of relevant records, and the giving of relevant testimony.
(2) A request to appear, appearance, or submission of evidence does not limit the subpoena power of the investigating committee.
(b) Service. -- The subpoena shall be served:
(1) in the manner provided by law for service of a subpoena in a civil action;
(2) at least 7 days before the time that the subpoena sets for appearance or production of records; and
(3) with the following documents:
(i) a copy of the resolution that establishes the investigating committee;
(ii) a copy of the rules of the investigating committee;
(iii) a statement of the subject of the investigation or inquiry of the investigating committee; and
(iv) if the subpoena requires the appearance of a person, notice that counsel may accompany the person.
(c) Fees. -- A person who is subpoenaed to appear at a hearing is entitled to receive the fees and allowances that are provided for a person who is subpoenaed by a circuit court.
(d) Grounds for contempt; defense. --
(1) A person may be held in contempt if the person unjustifiably:
(i) fails or refuses to comply with a subpoena for appearance;
(ii) appears but fails or refuses to testify under oath; or
(iii) unless the directive is overruled by a majority vote of the members of the investigating committee who are present at the hearing, disobeys a directive of the presiding officer at the hearing to answer a relevant question or to produce a relevant book, document, or paper that has been subpoenaed.
(2) If an investigating committee fails, in any material respect, to meet the requirements of this subtitle and the person who is subpoenaed is prejudiced by the failure:
(i) the person need not comply; and
(ii) the failure is a complete defense in a proceeding against the person for contempt or other punishment.
(e) Contempt citation. --
(1) By a majority vote of all of the members of an investigating committee, the investigating committee may apply for a contempt citation:
(i) when the General Assembly is not in session, to a circuit court; and
(ii) when the General Assembly is in session:
1. to the General Assembly;
2. to the Senate, if the Senate established the investigating committee; or
3. to the House, if the House established the investigating committee.
(2) The General Assembly, the Senate, or the House:
(i) may consider the application as though the alleged contempt had been committed in or against that body; and
(ii) in addition to any penalty that a court imposes, may impose any other punishment that the body has the inherent power to impose.
